Honble B.R. ARORA, J.—This miscellaneous petition is directed against the orders dated September 22,1990 and February 11,1991, passed by the Munsif and Judicial Magistrate, Siwana, by which the learned Magistrate closed the evidence of the prosecution and also, dismissed the application under Section 311 Cr.P.C. filed by the Assistant Public Prosecutor.

2. On the basis of the written report submitted by Rikhab Chand at Police Station, Siwana, a case under Sections 420 and 392 I.P.C. was registered against Shanti Lal. The police, after necessary investigation, presented the cha-llan in the Court of the Munsif and Judicial Magistrate, Siwana, and Shanti Lal is facing trial for the offences under Sections 420 and 392 I.PC. In the Calendar of Witnesses, the names of fifty-five witnesses were given and out of whom, thirty-four witnesses have already been examined and the remaining witnesses could not be examined as the prosecution failed to produce those witnesses. The learned Magistrate, by his order dated September 22, 1990, ordered for closure of the evidence of the prosecution witnesses on the ground that the matter relates to the year 1982 and the trial of the case has not yet been

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